Critical Case Comment

By Henry E. Hildebrand, III, Chapter 13 Standing Trustee for the Middle District of Tennessee (Nashville)

In calculating an above-median income debtor’s projected disposable income, the court may deduct from the debtor’s current monthly income only the expenses as listed in the IRS manual and not the debtor’s actual expenses. (Taylor) In re Rodriguez, 520 B.R. 94 (B.A.P. 9th Cir. Oct. 16, 2020)

Case Summary

The Rodriguezes filed a Chapter 13 and proposed a plan at the same time. They owned three motor vehicles, a motor home and had . . .

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